Ruling on the point of order:
The Chair ruled the point well taken.
Senator George appealed the ruling of the Chair.
The question was: Shall the decision of the Chair stand as the judgement of the Senate?
The roll was taken. The vote was: Ayes-22, Noes-8. The decision of the Chair stands as the judgement of the Senate.
[Note:] The bill related to: the application of the business combination and the control share voting restriction provisions of the business corporation law; dry cleaning fees; nontarget population members; the date by which certain school board resolutions pertaining to the open enrollment programs must be adopted; loans made to school districts by the technology for educational achievement in Wisconsin board; the method for calculating contributions to the universal service fund; use of the universal service fund to make grants to certain school districts for telecommunications access; financial assistance for local recycling programs; funding for a boat landing located on the Wisconsin River in the town of Buena Vista; reports concerning the environmental cooperation pilot program; funding for air and solid and hazardous waste programs; studies of fish in the Great Lakes; eligibility for child care subsidies under the Wisconsin works program; increased funding for the benefit specialist program for older individuals; the amount that a county having a population of 500,000 or more must contribute for the provision of child welfare services in that county by the department of health and family services; the photographing of a person applying for or receiving kinship care payments, of employes and prospective employes of a person applying for or receiving kinship care payments and of adult residents and prospective adult residents of the home of a person applying for or receiving kinship care payments; eliminating cross-references to the Wisconsin works health plan; computing the aviation fuel tax; a sales tax and use tax exemption for samples of medicine and registration for use tax purposes; the international fuel tax agreement; the department of revenue's expenses to administer the fee on vehicle rentals; directing the department of revenue to not adjust individual income tax withholding tables and making a technical adjustment in the calculation of income tax liability by individual nonresidents and part-year residents of this state; the sales of food by institutions of higher learning; salary-setting authority of certain state bodies; reserve "Class B" intoxicating liquor licenses; the abolishment of the emergency response board; revocation of probation for failure to pay supervision fees owed to the department of corrections; and making an appropriation.
The amendment related to the delegation of authority over pension plans by local governments.
SENATE RULE 50. Amendments must be germane, general statement. (1) No standing committee shall report any substitute or amendment for any proposal originating in either house referred to such committee nor shall the senate consider any substitute or amendment which relates to a different subject, is intended to accomplish a different purpose or would totally alter the nature of the original proposal.
(7) A substitute or amendment relating to a specific subject or to a general class is not germane to a bill relating to a different specific subject, but an amendment limiting the scope of the proposal is germane.
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Assembly Journal of October 5, 1995 .......... Page: 555
Point of order:
Representative Bock rose to the point of order that Assembly amendment 22 to Assembly substitute amendment 1 to Assembly Bill 557 was not germane under Assembly Rule 54(3)(f).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order not well taken.
[Note:] The bill was a budget adjustment bill. The amendment related to the transportation facilities economic assistance and development aid.
Assembly Rule 54 (3) Assembly amendments that are not germane.
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of March 27, 1996 .......... Page: 1042
Point of order:
Representative Goetsch rose to the point of order that Assembly amendment 3 to Senate Bill 563 was not germane under Assembly Rule 54 (3) (f).
Speaker pro tempore Freese took the point of order under advisement.
Assembly Journal of March 27, 1996 .......... Page: 1043
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Goetsch that Assembly amendment 3 to Senate Bill 563 was not germane.
[Note:] The bill related to: the purchase of goods, care and services for certain probationers, parolees and other offenders; authorizing the department of corrections to establish a secure work program; the general program operations of the department of corrections; intergovernmental corrections agreements; the establishment and operation of state prison industries; youth service rates; funding additional expansion of the Wisconsin Resource Center under the state building program; the limitation on bed capacity of the Wisconsin Resource Center; transferring moneys from the general fund to the property tax relief fund; granting bonding authority; granting rule-making authority; and making appropriations.
The amendment required prison impact assessments for bills creating a felony.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of March 27, 1996 .......... Page: 1044
Point of order:
Representative Brancel rose to the point of order that Assembly amendment 2 to Senate Bill 565 was not germane under Assembly Rule 54 (3) (f).
Ruling on the point of order:
Speaker pro tempore Freese ruled the point of order well taken.
[Note:] The bill related to: recovery of enforcement costs by the department of agriculture, trade and consumer protection in drainage district cases; transferring responsibility for administration of the Wisconsin consumer act; transferring responsibility for supporting the uniform commercial code statewide lien system; correcting references in certain appropriations of the department of financial institutions; the number of unclassified division administrator positions in the gaming board; reversion of transferred funds to the Wisconsin development fund; minority business early planning projects; renumbering the appropriation for administrative services for regulation of industry, safety and buildings; the Milwaukee parental choice program; collection of certain fees by the employment relations commission; payment of principal and interest on bonds issued for the clean water fund program; establishing a Mendota juvenile treatment center; a plan to assure continued funding for the mental health institutes; expanding the county department operating deficit reduction program; changing funding requirements for integrated community services; expanding types of recipients of funds distributed for consumer and family self-help and peer-support programs; transferring an appropriation for principal repayment and interest from the department of industry, labor and job development to the department of health and family services; changing references to low-income and at-risk child care funding; the use of relief block grant funds by tribal governing bodies; administration of Wisconsin works in counties having a population of 500,000 or more; state involvement with certain municipal boundary changes; refunding of municipal bonds; a performance evaluation audit of the University of Wisconsin Hospitals and Clinics Authority; the lease agreement and affiliation agreement between the University of Wisconsin System and the University of Wisconsin Hospitals and Clinics Authority; the contractual services agreement between the University of Wisconsin Hospitals and Clinics Board and the University of Wisconsin Hospitals and Clinics Authority; accumulated sick leave credits for the purchase of health insurance under the Wisconsin retirement system; making certain employes at the University of Wisconsin Hospitals and Clinics Authority eligible for health insurance coverage under a plan offered by the group insurance board and requiring the group insurance board to consult with the University of Wisconsin Hospitals and Clinics Authority in the establishment of this plan; issuance of bonds by the University of Wisconsin Hospitals and Clinics Authority; membership of the University of Wisconsin Hospitals and Clinics Board and of the board of directors of the University of Wisconsin Hospitals and Clinics Authority; storage and management of records of the University of Wisconsin Hospitals and Clinics Authority; applicability of municipal ordinances and regulations to certain buildings, structures and facilities constructed for the benefit or use of local professional baseball park districts; newly incorporated municipalities' populations for shared revenue distributions; local transportation aids for newly incorporated cities and villages; taxes levied by newly incorporated cities and villages; changing the name of the Kickapoo valley governing board; the effective date and initial applicability of adjustments in certain lobbying regulation fees; railroad stockholder reports; bonding authorizations for the department of health and social services; funding and authorized full-time equivalent positions for the land information board; funding, powers and duties of the Wisconsin sesquicentennial commission; prevailing hours of labor for workers employed on state or local public works projects; granting bonding authority; granting rule making authority; and making and decreasing appropriations
The amendment required prison impact assessments for bills creating a felony.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(f) An amendment that substantially expands the scope of the proposal.
Orders of business (regular)
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Senate Journal of January 25, 2000 .......... Page: 393
Point of order:
Senator Chvala raised the point of order that a motion to suspend the rules, withdraw from committee on Agriculture, Environmental Resources and Campaign Finance Reform is an inappropriate motion at this time.
The Chair took the point of order under advisement.
Senate Journal of February 1, 2000 .......... Page: 413
Ruling of the Chair:
On Tuesday, January 25, 2000, the Senator from the 14th, Senator Welch, moved that the rules be suspended and that Senate Bill 273 be withdrawn from the Committee on Agriculture, Environmental Resources and Campaign Finance Reform and taken up at this time.
The Senator from the 16th raised a point of order that the motion was out of order at this time.
The Chair took the point of order under advisement.
Mason's Manual, Section 282(2) speaks to this circumstance. It reads in part:
"A motion to suspend the rule may be made either under the order of business of motions and resolutions or under the order of business which relates to the matter proposed to be considered under suspension of the rules".
The Senate has established a clear precedent over the past 20 years or more that motions to withdraw a proposal from committee are to be made under the 14th Order of Business, Motions may be offered. One of the most recent written rulings on this was in the 1982 session, when the Senator from the 14th, at that time, Senator Lorge, moved that Senate Bill 493 be withdrawn from committee and taken up immediately. A point of order was raised that the motion was not properly before the Senate. The Chair ruled the point well taken, based on previous rulings the precedent of the Senate was well established that motions to withdraw bills is restricted to the 14th order of business.
It is clear to the Chair, that although the general belief is that a motion to suspend the rules may be made at anytime, that is true only under the order of business which relates to the matter proposed to be considered. Mason's Manual, section 282(1) also states that a motion to suspend the rules may be made at anytime when no question is pending. The motion by the Senator from the 14th, was made while a question relating to Assembly Joint Resolution 48 was pending. Also, the motion related to a Senate Bill. Senate bills are considered under the 11th Order of Business, the Senate was on the 12th Order of Business when the motion was entered.
The precedent of the Senate is very clear, motions related to the withdrawal of proposals from committee are to be made on the 14th Order of Business. The motion offered by the Senator from the 14th was not in compliance with Section 282 of Mason's Manual, now therefore, it is the opinion of the Chair that the point of order raised by the Senator from the 16th, Senator Chvala, is well taken.
[Note:] The motion to withdraw is not listed as one of the permissible motions when a question is under debate:
Senate Rule 63. Motions in order during debate.
(1) When a question is under debate, a motion may not be received except:
Senate Rule 17 (1) (n) Fourteenth order. Motions may be offered.
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Assembly Journal of March 28, 1996 .......... Page: 1067
Point of order:
Representative Black rose to the point of order that Assembly Bill 375 was not properly before the Assembly because under Assembly Rule 29(4), the Assembly must complete action on all proposals on a delayed calendar before continuing on today's calendar.
Ruling on the point of order:
The chair (Representative Duff) ruled the point of order not well taken, because under Assembly Rule 32 (1), the regular order of business may be interrupted or changed at the discretion the presiding officer.
[Note:] Assembly Rule 29 (4) Unless otherwise ordered, after completion of the 4th order of business on the calendar for the current date, and before consideration of the 5th and succeeding orders on that calendar, unfinished matters entered under orders of business on previous calendars shall be taken up and completed in order by order of business and calendar date.
Assembly Rule 32 (1) was later amended to read:
Assembly Rule 32. Variations in the regular order; special orders. The regular order of business may be interrupted or changed under the following conditions:
(1) At the discretion of the presiding officer, at any time during the session except while the assembly is voting, but only under the following conditions:
Point of order: appeal of ruling
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Assembly Journal of January 28, 2003 .......... Page: 33
Point of order:
Representative Freese rose to the point of order that Assembly amendment 3 to Assembly Bill 1 was not germane under Assembly Rule 54.
Ruling on the point of order:
Speaker Gard ruled the point of order well taken.
Representative Black appealed the ruling of the Chair.
The question was: Shall the ruling of the Chair stand as the ruling of the Assembly?
The roll was taken. The vote was: Ayes-59, Noes-38. Motion carried.
[Note:] The bill prohibited official action in return for providing or withholding political contributions. The amendment prohibited the payment of attorney fees for public officials accused of violations of the ethics code.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(a) One individual proposition amending another individual proposition.
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of February 20, 2003 .......... Page: 75
Assembly Journal of February 20, 2003 .......... Page: 78
Point of order:
Representative Freese rose to the point of order that Assembly amendment 1 to Senate Bill 1, January 2003 Special Session was not germane under Assembly Rule 93(1).
Ruling on the point of order:
Speaker Gard ruled the point of order well taken.
Representative Boyle appealed the ruling of the Chair.
The question was: Shall the ruling of the Chair stand as the ruling of the Assembly?
The roll was taken. The vote was: Ayes-59, Noes-37. Motion carried.
[Note:] Assembly Rule 93. Special, extended, or extraordinary sessions. Unless otherwise provided by the assembly for a specific special, extended, or extraordinary session, the rules of the assembly adopted for the regular session, subject to the following modifications, apply to each special session called by the governor and to each extended or extraordinary session called by the assembly and senate committees on organization or called by a joint resolution adopted by one house and concurred in by the other house:
(1) A proposal or amendment may not be considered by the assembly unless it is germane to the session call or pertains to the organization of the legislature.
Assembly Journal of February 21, 2003 .......... Page: 83
Point of order:
Representative Jensen rose to the point of order that Assembly amendment 1 to Senate Bill 41 was not germane under Assembly Rule 54 (3)(f).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
Representative Cullen appealed the ruling of the Chair.
The question was: Shall the ruling of the Chair stand as the ruling of the Assembly?
The roll was taken. The vote was: Ayes-57, Noes-36. Motion carried.
[Note:] The bill established legislative approval of Indian gaming compacts. The substitute amendment also required legislative approval of proposed Indian gaming establishments located on certain Indian trust lands.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of March 12, 2003 .......... Page: 107
Point of order:
Representative Foti rose to the point of order that Assembly amendment 2 to Assembly substitute amendment 1 to Assembly Bill 144 was not germane under Assembly Rule 54.
Speaker Pro Tempore Freese took the point of order under advisement.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled not well taken the point of order raised by Representative Foti that Assembly amendment 2 to Assembly substitute amendment 1 to Assembly Bill 144 was not germane under Assembly Rule 54.
Representative Boyle appealed the ruling of the Chair.
